CRBA in Philippines (Child born out of wedlock to a US Citizen Mother) NO physical presence in the US

[jayne1318 1]

my visa journey with my husband' petition is canceled. We recently separated coz i found out that he was having an affair with one girl. so i canceled it. Now i will start figuring out how to process the US citizenship of my daughter through CRBA. Anyone has an idea? please help. i do not have a proof of 1 year physical presence in the US.

I was born in Northern Mariana Island, Saipan USA and have a US passport. My daughter born out of wedlock in the Philippines on December 8, 2009. I just graduated from college few days after I realized I was pregnant. I am solely dependent to my parents since birth. I was 3 months old when my parents decided to send me to the Philippines, as they said the story to me, they didn't have anyone to look after me and brother in Saipan while they were working. So they decided to send us in the Philippines. My parents we're working abroad while I study in the Philippines then Dubai. I didn't have a proof of One (1) year Physical Presence in the United States before the child is born. My parents we're working in Dubai UAE while I study Pre-school in Philippines; Elementary and High School in Dubai; and College in Philippines. I graduated college March 2009 and found out I am pregnant with my daughter Alejmin last April 2009. I was still dependent to my Parents back then until June 2012 wherein I started working in Dubai for myself and for my daughter. I never went back to United States because my parents are not US Citizen and I couldn't go alone because we didn't have any relatives in the United States.

Now I am currently in Anaheim California staying with a friend of my mother. I arrived here in the US last year May 2014. I am printing out the CRBA forms and starting to fill it up but i am stuck with the "Physical Presence of at least 1 year before the child is born". Do anyone have an idea how to do this? Please help. thank you.

[Mark88 183]

Where is your daughter? In the US or the Philippines?

[jayne1318 1]

Where is your daughter? In the US or the Philippines?

she is in the Philippines right now

[sadavis5 46]

If you didn't actually live in the US for a year (or more) then you are not eligible.

[Morganalmonshid94 84]

I don't think you will qualify to pass on U.S. citizenship .

[Transborderwife 4,666]

Agree with previous answers

[apple21 953]

Apply for CRBA even if you're not eligible. File an i130 as well, ASAP coz that's the only way your child can inmigrate to the US. Once she entered the US using her immigrant visa, she'll qualify for automatic citizenship.

You need to have the CRBA denied for the embassy to issue an immigrant visa to your child.

Edited June 4, 2015 by apple21

[Mark88 183]

You can not pass on US citizenship since you don't fulfill the physical presence requirement. You will have to get her a greencard first. Inable to this, you need a denied CRBA. Just file the paperwork and don't provide any evidence and you will get an instant denial. This will open up the way for your daughters green card.

[JimmyHou 611]

Building on the OP's question and some of the answers:

Just curious about something; do you actually need a denied CRBA to apply for a green card for the child or does it make things easier to have that as evidence that the child is not already a citizen?

I mean, anyone at USCIS or at the consulate should easily be able to determine that citizenship can't be passed on in this case. So is the denied CRBA an actual requirement or is it a good idea to have as a contingency?

I haven't read much about this so maybe some of you who've been through the process can answer.

[apple21 953]

I've read it happened to someone from the Philippines too. Parent knew they were ineligible for CRBA so they filed the i130. At the embassy interview, consul wouldn't approve the child's visa unless they file CRBA. Hence my advice.

[Mark88 183]

do you actually need a denied CRBA

Speaking out of personal experience, and following these cases on VJ, it seems to standard procedure: If you have a USC parent, there is a potential claim only a denied CRBA will clarify. Hence the consulates need that first.

OP, it might take well over a year to get your daughter to the US. Don't waste any time and file paperwork asap.

When filing CRBA do NOT apply for a passport at the same time since it will be denied and passport application fees are nonrefundable.

[jayne1318 1]

thank you for all the replies guys. i really appreciate it so much. so here's what i understand that i need to do...

1. File for CRBA even though i know it will be denied. Send the application to the Manila US Embassy

2. File the Form I-130 and send it here in US. I don't need to wait for the result of CRBA.

Am i right?

[Mark88 183]

You don't need to wait, but it will be requested at some point. If you want to be on the safe side, get CRBA denial first and send I-130 then.

[jayne1318 1]

how about the affidavit of support? i think i don't meet the poverty guidelines. i have a very low income. i don't have any relatives in the US that could help me with that.

[Mark88 183]

Since the child will be a USC upon entering the us, you can file the waiver version I-864W.

http://www.uscis.gov/i-864w